ONLINE TERMS AND CONDITIONS OF SALE

LIVIASKITCHEN.CO.UK – ONLINE TERMS AND CONDITIONS OF SALE

Your attention is drawn in particular to the provisions of clause 14.4.

This page (together with our Privacy Policy and Terms of Use [insert links to these documents on the website]) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Goods to you (in each case a Contract). Please read these Terms carefully, and make sure that you understand them, before ordering any Goods from our site. Please note that, before placing an order, you will be asked to confirm that you have read these Terms and that you agree to them. If you refuse to accept these Terms, you will not be able to order any Goods from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Goods, please check these Terms to ensure that you understand the terms which will apply at that time. These Terms were most recently updated on [insert date] 2014.

These Terms, and any Contract between us, are only in the English language. When we refer, in these Terms, to “in writing”, this will include email.

Information about us

We operate the website www.liviaskitchen.co.uk. We are Livia’s Health Foods Limited, a company registered in England and Wales with company number 09209224 and whose registered office is at 2 Granby House 1 Harrington Street London NW1 3FA. Our main trading address is 2 Granby House 1 Harrington Street London NW1 3FA. Our VAT number is GB 196 5801 70.

Contacting us

If you wish to contact us for any reason, including because you have any complaints, you can do so by emailing us at hello@liviaskitchen.co.uk or by writing to us at 2 Granby House 1 Harrington Street London NW1 3FA. If you are emailing us or writing to us, please include details of your order to help us to identify it.

If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

Our Goods

The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the actual colour of the Goods. Any Goods you order may vary slightly from those images.

Although we have made every effort to be as accurate as possible, because our Goods are made by hand, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 10% tolerance.

The packaging of the Goods may vary from that shown on images on our site.

Use of our site

Your use of our site is governed by our Terms of Use [insert link to Terms of Use on the website]. Please take the time to read these, as they include important terms which apply to you.

How we use your personal information

We only use your personal information in accordance with our Privacy Policy [insert link to Privacy Policy on the website]. Please take the time to read this, as it includes important terms which apply to you.

How a Contract is formed between you and us

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an email from us acknowledging that we have received your order and confirming our acceptance of it. A Contract between us will only be formed when we send you this confirmation.

If we are unable to supply you with any Goods, for example because those Goods or the ingredients to make them are not in stock or otherwise available or because we cannot meet your requested delivery date, we will inform you of this by email as soon as possible, although you may still receive an Order Confirmation. We will not process your order in such circumstances and, if you have already paid for the Goods, we will refund you the full amount, together with any applicable delivery charges, as soon as reasonably possible.

If you are unable to place an order through our site, for example because you wish to order more Goods than our site will allow, you may be given the option to place your order by email. If you do, any such order will be subject to these Terms.

Our right to vary these Terms

We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.

We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

changes in how we accept payment from you; and/or

changes in relevant laws and regulatory requirements.

If we have to revise these Terms as they apply to your order, we will contact you to give you notice of the changes and to let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel after any of the relevant Goods have been dispatched to you, you will have to return them to us once received or allow us to collect them (in each case at our cost) and we will refund you the full amount you have paid, together with any applicable delivery charges, as soon as reasonably possible.

Limited right of return

Due to the nature of the Goods and the fact that they are liable to deteriorate or expire rapidly, the right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply to you. This means that you may only return Goods which fail to comply with your order or the warranty we provide in clause 13.1.

Delivery

We will use all reasonable endeavours to deliver the Goods to you on the date selected by you during the order process (the Delivery Date). We will contact you if, for any reason, we are unable to deliver the Goods on the Delivery Date. Occasionally, our delivery to you may be affected by an Event Outside Our Control; see clause 15 for our responsibilities when this happens.

If no one is available at your address to take delivery on the Delivery Date, we will try to leave the Goods with a neighbour (but will not be required to try more than two neighbours) and, if we are successful, we will leave you a note letting you know where the Goods have been left. However, we will not be responsible for any loss or damage to the Goods caused by the neighbour (for example, if they consume the Goods or fail to refrigerate them). If we are unable to deliver the Goods to your address or to leave them with a neighbour, they will be returned to our premises and we will leave you a note to that effect. Please note that, due to the short shelf life of the Goods, we will not be under any obligation to attempt to re-deliver any Goods returned to our premises.

Delivery of an order shall be completed when we deliver the Goods to the address you gave us (or to a neighbour, as contemplated by clause 9.2) and the Goods will be your responsibility from that time.

You own the Goods once we have received payment in full, including all applicable delivery charges.

If we miss the Delivery Date, then you may cancel your order straight away if any of the following apply:

we have refused to deliver the relevant Goods;

delivery on the Delivery Date was essential (taking into account all the relevant circumstances); or

you told us before we accepted your order that delivery on the Delivery Date was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

If you do choose to cancel your order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Goods you have ordered or all of them, unless splitting them up would significantly reduce their value. If some of the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order, we will refund you the full amount you have paid for the cancelled Goods, together with any applicable delivery charges, as soon as reasonably possible.

Delivery Areas

Unfortunately, we are currently only able to deliver to the postcodes listed on our site (the Delivery Area).

You may place an order for Goods from outside the Delivery Area, but this order must be for delivery within the Delivery Area.

Price of Goods and delivery charges

The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that prices are correct at the time when the relevant information was entered onto the system. However, please see clause 11.5 for what happens if we discover an error in the price of the Goods you order.

The prices of the Goods may change from time to time, but changes will not affect any order you have already placed.

The prices of the Goods do not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures and, if we discover an error in the price of the Goods you have ordered where the correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you. If we discover an error in the price of the Goods you have ordered where the correct price is higher than the price stated on our site, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.

How to pay

You can only pay for the Goods you order using a credit card or debit card or any other method specified on our site.

Payment for the Goods and all applicable delivery charges is in advance. We will charge your debit card or credit card (or other method of payment, if applicable) at the time you place your order.

If we have to refund you any amount you have paid for the Goods, we will refund you on the credit card or debit card (or other method of payment, if applicable) used by you to pay.

Quality

We provide a warranty that, on delivery, the Goods shall:

conform in all material respects with their description;

be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

be fit for consumption or any other purpose held out by the Supplier (as applicable).

We shall not be liable for the failure of any Goods to comply with the warranty in clause 13.1 in any of the following circumstances:

if you fail to follow any written or oral instructions provided by us relating to the Goods, including as to their storage, heating and/or serving;

the failure is the result of your wilful or accidental damage or negligence; or

the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

You may reject any quantity of the Goods which do not comply with your order or the warranty in clause 13.1, provided that you notify us in writing within 24 hours following delivery or, in the case of defects which are not immediately apparent from a reasonable inspection of the Goods, within 48 hours of them becoming reasonably apparent to you (and, in any event, within seven days following delivery). We may ask you to return the Goods to us or allow us to collect them, and we will pay the costs of this.

If you notify us in accordance with clause 13.3, we will, at your option, either replace the relevant Goods or refund the full amount you have paid for the relevant Goods, together with any applicable delivery charges, as soon as reasonably possible.

We are under a legal duty to supply Goods that are in conformity with the Contract. As a consumer, you also have legal rights in relation to Goods that are defective or not as described. The warranty we provide is in addition to, and does not affect, those rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Our liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was reasonably contemplated by you and us at the time we entered into the relevant Contract as a possible result of our breach of these Terms or our negligence.

We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud and/or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

defective goods under the Consumer Protection Act 1987.

You acknowledge that our Goods contain allergens, specifically nuts (almonds). Accordingly, we cannot accept any liability for any adverse or allergic reactions which you or any connected third party suffers as a result of consuming, or coming into contact with, the Goods.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 15.2.

An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes by third parties, failure of a utility service or telecommunications or transport network, act of God, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, explosion, fire, flood, storm, earthquake, subsidence, epidemic or other natural disaster or default of suppliers or subcontractors.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you; and

our obligations under the relevant Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over (but this will not affect your right to cancel your order for late delivery under clause 9.5 or clause 9.6).

Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Each Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

Please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of, or in connection with, it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms.

Livia’s Kitchen and Livia’s Crumble are trading names of Livia’s Health Foods Limited. We are a limited company registered in England and Wales under company number 09209224 and have our registered office at 25 Lonsdale Road, London, NW6 6RA. Our VAT number is GB 196 5801 70.